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Kirkendall v. Department of the Army
Federal CircuitJuly 27, 2009No. 2008-3342Cited 42 times
RemandedDepartment of the Army
Case Details
- Citation
- 573 F.3d 1318, 186 L.R.R.M. (BNA) 3057, 2009 U.S. App. LEXIS 16405, 2009 WL 2215099
- Judge(s)
- Mayer, Clevenger, Schall
- Status
- Published
- Procedural Posture
- appeal
- State
- North Carolina
- Circuit
- Federal Circuit
Outcome
The Federal Circuit reversed the Merit Systems Protection Board's decision on the VEOA claim and vacated the decision on the USERRA claim, remanding both claims for further proceedings because the Board's factual findings regarding the agency's compliance with veterans' preference rights and military service non-discrimination were unsupported by substantial evidence.
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